도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] The Defendant is a person who was sentenced to a fine of KRW 1.5 million by the Changwon District Court on March 10, 2017 to a crime of violating the Road Traffic Act (dacting driving), and a person who was sentenced to a fine of KRW 3 million by the same court on April 3, 2017 to a crime of violating the Road Traffic Act (dacting driving).
[2] The Defendant: (a) without a driver’s license, driven a sports motor vehicle in C Coin in the section of about 9 km from the Do in front of the drinking house in which it is impossible to identify the trade name in Kimhae-si, around 22:40 on July 2, 2017, while under the influence of 0.134% alcohol level during blood; and (b) on the road in front of the Hanhae-si, the Defendant driven a sports motor vehicle in C Coin in the section of about 9 km from the Do in which it is difficult
As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of one year sentenced to imprisonment with prison labor for a period of not more than one year: Imprisonment with prison labor for a period of not more than two years, two years of suspension of execution, 40 hours in courses, and grounds for a social service order of more than 80 hours: The density of alcohol in high blood, and grounds for mitigation, such as confession, etc. for a short period of time: